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DAVIS v. LATSCHAR

No. 99-5037.

202 F.3d 359 (2000)

Paul DAVIS III, et al., Appellants v. John LATSCHAR, Superintendent, Gettysburg National Military Park, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 22, 2000.

Attorney(s) appearing for the Case

Katherine A. Meyer, with whom Howard M. Crystal was on the briefs, argued the cause for appellants.

Evelyn S. Ying, Attorney, U.S. Department of Justice, with whom Lois J. Schiffer, Assistant Attorney General, and Robert L. Klarquist, Attorney, U.S. Department of Justice, were on the brief, argued the cause for appellees.

Before GINSBURG and GARLAND, Circuit Judges, and BUCKLEY, Senior Circuit Judge.

Opinion for the court filed by Senior Judge Buckley.

BUCKLEY, Senior Judge:

In 1995, John Latschar, the Superintendent of Gettysburg National Military Park ("Gettysburg"), instituted a program to curtail the over-browsing of wooded and crop areas by white-tailed deer in Gettysburg and the neighboring Eisenhower National Historic Site. The program provides for the annual killing of deer by park-employed marksmen after dark from October through March until a...

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